AI and the Future of Games Development
February 25, 2025
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Blog

AI and the Future of Games Development

By 
Anatol Poyer-Seeman - Senior Associate & Gaming Specialist

AI and the Future of Games Development: Laws and Reputation

Artificial intelligence (AI) is reshaping the video game industry, offering incredibly exciting creative and technical opportunities. However, at the same time, it introduces an array of complex legal and reputational challenges. As studios leverage AI to enhance player experiences and streamline development, it is imperative that they keep on top of the constantly evolving landscape of intellectual property, data privacy, and regulatory compliance.  

🔒Unlocking New Creative Possibilities

Anyone involved in video games will know how AI is driving innovation across the industry 🤖🎮 . It’s changing the game, literally! As an overview it’s:

  • Automating the Tough Stuff: Tools like Ubisoft’s "Commit Assistant" that catch coding errors before they spiral into bigger problems. This kind of help cuts down production time significantly.
  • Building Immersive Worlds: Procedural generation, as seen in No Man’s Sky, lets AI create vast, explorable universes. It’s like having an endless sandbox for creativity.
  • Boosting Visuals and Performance: With technologies like deep learning super sampling (DLSS), games can deliver amazing graphics and worlds on hardware that would have previously had to have been much more powerful
  • Personalising Users Experience: AI adjusts gameplay based on how you play, and with generative tools like ChatGPT and DALL·E, developers are now crafting dynamic dialogues bespoke to individual player experiences alongside jaw-dropping visuals.

These innovations not only streamline development but also open avenues for greater accessibility—through improved translations, text-to-speech interfaces, and adaptive designs that cater to a diverse audience.

🕳️Navigating Legal Pitfalls

While all these innovations are exciting, they also bring along some tricky legal challenges that studios need to tackle from the get-go.

Intellectual Property (IP) Ownership

When it comes to AI-generated content, the legal landscape is still catching up. Most places, like the US and UK, only grant copyright protection to works created by humans. This means studios must be crystal clear about who owns what, especially when AI plays a big role in content creation. And remember, the rules can change from one country to another—what works in one market might not fly in another.

Data Privacy and AI Transparency

If you’re using player data to train your AI, you need to play by the rules. Differences in regulations like General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) mean that transparency is crucial. Studios and developers have to ensure their players know how their data is being used and set up processes that allow for human oversight in automated decision-making.

Licensing Agreements

Before you roll out any AI-generated assets, nail down those licensing agreements. Clear contracts with your AI tool providers and data sources help avoid future headaches. Creating standard internal policies can also ensure that you’re ready to tackle legal disputes, no matter where your game lands around the globe.

Managing Reputational Risks

Legal issues aside, there’s is also the public’s perception that you need to consider. The way AI is used has already and will continue to spark concerns about ethics and fairness as regulation authorities continue to try and navigate what is often considered a “black box”.

Ethical Implications

There’s growing worry about AI reinforcing biases or even manipulating player behaviour—think AI-driven loot boxes or mechanics that might push excessive spending.

Transparency is Key

Being upfront about how AI is used in your game builds trust. Let players know what’s going on behind the scenes.

Environmental Impact

AI models can be heavy on energy consumption. With sustainability becoming a hot topic, using greener methods isn’t just good for the planet—it’s good for your reputation.

By addressing these concerns head-on, studios can protect their brand and maintain the trust of both players and industry insiders.

🤖Looking Ahead: Trends and Future Considerations

So, what’s next for AI in gaming? The next year is set to bring even more exciting changes:

  • Even More Personalisation: Expect games that tailor the experience to you in ways we haven’t seen before.
  • Advanced Content Generation: AI will continue to push the boundaries of what procedural content can do, creating worlds that feel even more alive.
  • Tighter Regulations: As AI becomes more central to game development, keep an eye on emerging laws and ethical guidelines. Studios that stay on top of regulatory changes will be the ones that lead the pack.

Ultimately, the future of gaming is going to be heavily intertwined with AI. The studios that manage to balance innovative use of AI with smart legal strategies and ethical practices will be the ones that thrive.

🌯Wrapping It Up

In a nutshell, AI is set to revolutionise game development by making it more creative, efficient, and accessible. However, with great power comes great responsibility. By addressing legal issues like IP ownership, data privacy, and licensing early—and by managing reputational risks through transparency and ethical practices—studios can harness AI’s full potential while keeping players’ trust intact. The future is bright for gaming, and those who navigate this landscape with care will undoubtedly come out on top.

Need more bespoke advice reach out to Founders Law’s gaming specialist at Tol@founders-law.co.uk for a free 15 minute consultation.  

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